Bookout v. Board of Supervisors

Citations

• 103 Miss. 413
• 60 So. 568

Syllabus

<p>1. Highways. Road districts. Petitions. Laws 1910, chapter 149. Board of supervisors.</p> <p>The orders of a board of supervisors acting under the Laws 1910, chapter 149, by which it attempted to assume powers not conferred on it by a petition, to-wit, the power to issue bonds for the purpose of building roads, outside of the supervisors’ district named in the petition, where either void or voidable. If void they were nullities and could have been disregarded. If voidable they could have been set aside in a proper proceeding instituted for that purpose.</p> <p>2. Same.</p> <p>Such orders are void or valid in their entirety and being void so far as they authorize the issuance of bonds for the purpose of building-roads outside of the district, named in the petition are void as a whole.</p> <p>3. Highways. Road district. Petitions.</p> <p>Where there are two petitions before the board of supervisors for the establishment of a road district at the same time, either of which the board had the right to act on first, an affirmative action upon one of them deprived the board of any power to act upon the other, and the granting of the relief prayed for in one of these petitions excluded the board from then granting the relief prayed for in the other.</p>